revised 2025 03 05
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. IT AFFECTS YOUR RIGHTS. IT REQUIRES ARBITRATION OF CERTAIN CLAIMS AND DISPUTES, IT INCLUDES A DISCLAIMER OF WARRANTIES, IT CONTAINS LIMITATIONS ON LIABILITY AND IT CONTAINS INDEMNIFICATION OBLIGATIONS.
Thank you for your interest in software from Code Truck LLC (hereinafter “Code Truck”, “we”, “our”, or “us”). Our software may be made up of more than one part, for instance: 1) a software program and any related documentation and materials (all together, the “Software App” or “App”); and 2) any online software service (the “Software Service” or “Service”) related to an App that we provide. Code Truck's Apps include Drawing Sync, which is a productivity app, and Meteor Cube, which is a game app. For each of those Apps, we provide related Services. Together, our Apps and Services are referred to as “Software” here. Your use of our Software is subject to the latest updated versions of this End User License Agreement (“EULA”), our Code of Conduct set out below, our Privacy Policy, our Online Terms of Service (“Service Terms”) and, if you obtained the App from an online app store, any applicable agreement you have with that app store. Together, this EULA, our Code of Conduct and our Privacy Policy are referred to as the “Agreements”.
To have access to the Software, you must first obtain our Software by lawful means. To use the Software, you must run it. By running the Software or by using the Software for any purpose, you will thereby acknowledge your agreement to and acceptance of all of the terms of the Agreements and they shall become effective and binding upon you. If you do not wish to become bound by, or are unable to comply with, the terms of the Agreements, do not run or use our Software, Apps or Services because you will have no rights whatever to use them. In addition, if you choose to collaborate online or using shared file folders, you may be required to enter credentials which associate you with a unique identifier (hereinafter called an “Account ID”) for your use with an account (hereinafter called an “Account”) related to our Software. You agree to use only the unaltered Account ID and code that we may supply you when you use the Account or our Software. Each and every time you run or use our Software and/or the Account, you will thereby acknowledge your acceptance of and agreement to all of the terms of the Agreements.
You acknowledge and agree that we have the right to revise and amend any and all of the terms in each and all of the Agreements at any time without notice to you. At the top of each one of the Agreements, we’ll include the date on which their terms were last updated. You agree that you will periodically check our website at codetruck.net to review the latest updated version of the Agreements. Each and every one of your uses of, or attempts to install any update to the Account or our Software shall constitute your acceptance of and agreement to all such latest updated terms in the Agreements and that the terms in prior outdated versions of the Agreements, which were revised in the latest updated version of the Agreements, shall no longer be in force.
Under the Agreements, you are granted a personal, non-exclusive, non-transferrable and temporary license to use the Account and our Software only in the manner that is expressly authorized in the Agreements for the period during which the Agreements are effective and binding upon you. The specific rights granted to you depend on whether you are using a Free Version or a Subscription Version of our Software:
If you are using a Free Version of our Software, you are granted a limited license to use the Account and the Software for business, commercial and entertainment purposes, with access to features as described in our product documentation for the Free Version. Code Truck reserves the right to modify, limit, or discontinue any features or functionality available in the Free Version at any time without notice. Your license to use the Free Version does not expire unless terminated in accordance with these Agreements, but does not include rights to premium features reserved for Subscription users.
If you have purchased a subscription to our Software ("Subscription Version"), you are granted an expanded license to use the Account and the Software for business, commercial, and entertainment purposes, with access to premium features as described in our product documentation for the Subscription Version you have purchased. Your license to use that Subscription Version is limited to the duration of your paid subscription period and will automatically revert to the Free Version license upon expiration or non-renewal of your subscription, unless you renew your subscription before the end of the applicable subscription period.
Regardless of which version you use, you hereby agree and acknowledge that your license under the Agreements authorizes you to access our Software only through the use of an authorized and unmodified App or through our authorized and unmodified code downloaded for use by a web browser that will provide access to our Service. This license shall expire upon the termination of the Agreements as to you. Neither the Account nor the Software are sold to you. Unless expressly provided for in the Agreements, you have no right, title or interest in the Account, the Software or their use.
You acknowledge and agree that this we provide evolving Free and Subscription Versions of the Software. Code Truck LLC reserves the right, in its sole discretion, to modify our Software, including but not limited to:
Without limiting the generality of the foregoing, Code Truck specifically reserves the right to implement any of the following usage limitations for Free Version users:
Your use of the Software and creation and use of the Account must comply with the following conditions:
1) You must be an adult in the country in which you reside and you must be a “natural person”, that is, corporations, associations, partnerships and other entities that exist by operation of law are not permitted to use the Software or to create an Account;
2) Subject to the laws of the country in which you reside, minor children for whom you are the parent or legal guardian (your “Children”) may use your Account and/or the Software under your supervision. You hereby agree to all of the terms of the Agreements on behalf of yourself and your Children whom you permit to use your Account and/or the Software. You hereby acknowledge and agree that you will be responsible for all uses of the Account and/or the Software by your Children whether or not your Children’s uses were authorized by you;
3) Your username must not contain your name or any other information that could personally identify you; you agree that we may append an alphanumeric prefix or suffix to your proposed or existing username in order to make additional unique Account ID available in the Software; and you agree that we may reject or delete any username at our sole discretion at any time without notice to you, even after we have accepted a username, including without limitation usernames that display intolerance, bigotry or discrimination based on race, religion, color, creed, gender, nationality, ethnicity, sexual preference, sexual orientation, are otherwise hateful or offensive or identify or suggest the identity of a public figure;
4) You acknowledge that when you use one of our websites, the Account and/or the Software to communicate with us, with users of the Software or with others, you have no expectation of privacy and no rights of ownership in those communications and that we may review, modify, record and/or monitor those communications for any reason at any time at our sole discretion and without notice to you. You also agree and acknowledge that we have no obligation to review, modify, record or monitor any communications in connection with the Software, for instance, we have no obligation to perform real-time, continual or any other type of review, modification, recording or monitoring of such communications. We shall have the right to disclose your communications for any reason at any time at our sole discretion without notice to you, including without limitation to:
5) You acknowledge that you have no right, title or interest whatever in the Account and that we can cancel the Account and delete all information associated with the Account at our sole discretion at any time without notice to you and for any or no reason.
6) You acknowledge that we may terminate your license under the Agreements if you breach or help others to breach the terms of the Agreements or the license the Agreements provide. You acknowledge and agree that we are under no obligation to enforce the Agreements on your behalf against any other party. Although we encourage you to let us know if you believe any other party has violated the Agreements, we reserve the right to investigate and take appropriate action at our sole discretion. You agree that there are no circumstances under which you will either directly or indirectly, in whole or in part:
In order to use the Account and/or the Software, they will need access to the internet or a broadband, cellular or other data service in order to communicate with our Service and Code Truck’s computer servers. You agree that you are responsible for the payment of all costs and related taxes to acquire all needed hardware, software and services, including without limitation all costs and related taxes required for you to access the internet and/or any other data services required to use the Software. We understand that you care about how, and what kind of, information relating to you is collected and used. We promise that information relating to you will only be collected and used in accordance with the latest updated version of the Agreements, which include our Privacy Policy. You acknowledge and agree that our Software incorporates functionality that will enable your computer system to gather and collect information about the operation and execution of the Account and/or the Software including without limitation information about software crashes, errors, bottlenecks, bugs, efficiency, resource utilization and user interaction (“Telemetry Information”). An important purpose of collecting the Telemetry Information is to enable us to make improvements to the Software and to its collaboration workflow. You agree and consent to send such Telemetry Information to us via the internet or other data service as a part of the routine operation of the Account and/or the Software.
In connection with our Software, you may communicate with us or with others relating to the Software (hereafter “User Content”) including without limitation:
For User Content that you create, upload, transmit, or share in connection with Meteor Cube ("Game Content"), you grant to Code Truck a perpetual, irrevocable, worldwide, fully paid up, transferable, non-exclusive right and license to exploit your User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised. We shall have the permanent and unlimited right to copy, duplicate, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to, broadcast, and practice your Game Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of your Game Content or the elements thereof in conjunction with or into any other material. To the extent permitted by applicable laws, you hereby waive the benefit of any provision of law known as “moral rights” or “droit moral” of paternity, publication, reputation or attribution or any similar law in any country of the world and you hereby waive any moral rights you may have in any Game Content. We may remove any Game Content and any related content or elements from the Software or our website at any time, at our sole discretion and without notice to you. You agree that we have no obligation to retain or to provide you with copies of your Game Content.
For User Content that you create, upload, transmit, or share in connection with Drawing Sync ("Productivity Content"), you retain all ownership rights in such content. However, you grant to Code Truck a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, modify, create derivative works, communicate, and display the Productivity Content for the purposes of:
Regardless of whether your User Content is Game Content or Productivity Content, you represent and warrant that your User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. You further represent and warrant that you will not use or contribute content that is unlawful, tortious, defamatory, obscene, invasive of privacy, threatening, harassing, abusive, hateful, or otherwise objectionable or inappropriate or that displays intolerance, bigotry or discrimination based on race, religion, color, creed, gender, nationality, ethnicity, sexual preference, sexual orientation, are otherwise hateful or offensive or identifies or suggests the identity of a public figure. You agree that if you use the Account and/or the Software outside of the United States that we may cause your User Content to be transferred to and processed in the United States. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You acknowledge that our right and license to your User Content above shall survive any termination of the Agreements.
We are the owner or licensee of all right, title and interest in the Account and/or the Software and all of their elements, parts and features (our “Property”) and you have no right to sell, lease, rent, auction, transfer, sublicense or grant a security interest, or offer or attempt in any way to do so, any of our Property. If you breach the Agreements, we may enforce our rights against you. To the extent that our Property contains any elements that have been licensed to us by third parties, these third parties may enforce any rights they have against you if you breach the Agreements. We own or license all of the following Property, including without limitation:
We expect the Software and its collaboration workflow to evolve over time and, thus, we reserve the right to alter, revise, amend, patch and update the Software’s collaboration workflow, the Account and/or the Software and all related computer code at any time, at our sole discretion without notice to you. You agree and acknowledge that all such alterations, revisions, amendments, patches and updates to the Software’s collaboration workflow, the Account and/or the Software and all related computer code shall be subject to and governed by the Agreements. You agree and acknowledge that the Agreements grant you no license to use any particular version of the Account, Software and/or the collaboration workflow except their most recent versions.
You acknowledge and agree that the proper functioning of our Software depends on your installation of updates and patches that we release from time to time. By accepting this Agreement, you agree to promptly install all updates and patches that we make available for the Software. We reserve the right to require installation of critical updates in order to continue using the Software, and you acknowledge that failure to install such updates may result in the Software becoming inaccessible or non-functional. For security, compliance, or technical reasons, older versions of the Software may eventually cease to function or be supported. You agree that it is your responsibility to maintain an adequately updated version of the Software, and that we have no liability for any issues that arise from your failure to install required updates.
The Account and Software is subject to United States export controls and economic sanctions laws and regulations. You agree to comply with all such laws and regulations as they relate to access to and use of the Account and Software. You agree that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, including without limitation Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk People's Republic, or Luhansk People's Republic regions of Ukraine. You agree that you are not subject to sanctions or restrictions under U.S. economic sanctions laws and regulations. You agree that you will not use the Account and/or Software in violation of any applicable export control or economic sanctions laws and regulations. You represent and warrant that you are not on any U.S. government list of prohibited or restricted parties. If we have knowledge or reasonable belief that you are or become located in or are a national of an embargoed country or region, or are on a prohibited or restricted party list, we may suspend or terminate your access to the Account and/or Software without prior notice. You acknowledge and agree that we have no obligation to monitor your compliance with export control and economic sanctions laws and regulations, but we reserve the right to do so.
Neither Code Truck nor you shall be liable for any delay or failure to perform any obligation under the Agreements if the delay or failure is due to causes beyond the reasonable control of such party, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, strikes, or fuel crises (“Force Majeure Event”). The party experiencing the Force Majeure Event shall be excused from performance for so long as such Force Majeure Event reasonably prevents performance. However, you acknowledge that the occurrence of a Force Majeure Event does not excuse you from payment of any fees or other amounts owed to Code Truck prior to the Force Majeure Event. In the event of any failure or delay caused by a Force Majeure Event, Code Truck shall make reasonable efforts to restore the Software as soon as is practical depending on the extent and duration of the Force Majeure Event, but Code Truck makes no representation or guarantee as to the length of time required to restore service. You acknowledge that extended outages may occur due to Force Majeure Events, and such outages shall not constitute a breach of these Agreements.
CONDITIONAL DISCONTINUATION FOR INTELLECTUAL PROPERTY CLAIMS:
In the event that:
THEN Code Truck LLC may issue a "Discontinuation Notice" requiring that:
NOTIFICATION: If Code Truck LLC issues a Discontinuation Notice, it will make commercially reasonable efforts to notify you through available contact information, through the Software itself, or by posting notice on Code Truck LLC's website. The notice will specify the effective date of termination, which shall be no less than seven (7) days from the date of notification, unless a shorter period is required by court order or settlement agreement.
INDEPENDENT KNOWLEDGE: If you independently become aware, through any means, that the Software is subject to intellectual property infringement claims or proceedings, you agree to:
RESUMPTION OF SERVICE: If Code Truck LLC later determines that the intellectual property claim lacks merit, has been resolved, or no longer requires discontinuation, it may authorize resumption of Software use by notifying users.
LIMITED REMEDY:
WAIVER OF CLAIMS: You expressly waive any claims against Code Truck LLC for damages, losses, or liabilities arising from your inability to use the Software following termination due to intellectual property claims, beyond the limited remedy provided in Section 5.
SURVIVAL: Your obligation to cease using the Software upon notice of intellectual property claims shall survive the termination of this Agreement.
NO INDEMNIFICATION: Code Truck LLC does not provide any indemnification for intellectual property infringement claims related to your use of the Software. You use the Software at your own risk.
INDEPENDENT VERIFICATION: You acknowledge that you have not relied on any representations or warranties from Code Truck LLC regarding the Software's non-infringement of third-party intellectual property rights.
THIRD-PARTY CLAIMS: You agree that if you become subject to any third-party claim, demand, or action resulting from your use of the Software, you will promptly notify Code Truck LLC and cooperate reasonably in the defense or settlement of such claim.
COMPLIANCE WITH DISCONTINUATION: You agree to implement and maintain reasonable technical and procedural controls to ensure prompt compliance with any discontinuation notice or knowledge of intellectual property claims against the Software.
MONITORING AND VERIFICATION: Code Truck LLC reserves the right to monitor compliance with discontinuation requirements through technical means, including but not limited to software checks, update mechanisms, or access controls.
REPORTING OBLIGATIONS: You agree to promptly report to Code Truck LLC any information you receive regarding potential intellectual property claims against the Software, including but not limited to legal notices, media reports, or industry communications.
The Agreements shall be deemed to have been made in, and shall be construed pursuant to the laws of, the State of New York, excluding its conflict of laws principles. The Agreements shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision of the Agreements, or portion thereof, to be unenforceable, the remainder of their terms shall continue in full force and effect.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CODE TRUCK, OUR LICENSORS AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AFFILIATES AND CONTRACTORS (COLLECTIVELY, THE “CODE TRUCK ENTITIES”) FROM ANY CLAIMS BY THIRD PARTIES FOR LOSS, INJURY, DAMAGE, EXPENSE OR COST (INCLUDING REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS) INCURRED BY THE CODE TRUCK ENTITIES RELATING TO OR ARISING OUT OF: A) YOUR OR YOUR CHILDREN’S USE OF THE ACCOUNT, THE COLLABORATION WORKFLOW AND/OR THE SOFTWARE; B) YOUR VIOLATION OF THE AGREEMENTS; C) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU IN CONNECTION WITH THE ACCOUNT, THE COLLABORATION WORKFLOW AND/OR THE SOFTWARE; OR D) THE INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING THE ACCOUNT, THE COLLABORATION WORKFLOW, AND/OR THE SOFTWARE OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY INCLUDING WITHOUT LIMITATION THIRD PARTY CLAIMS FOR CONSEQUENTIAL, PUNITIVE AND/OR INCIDENTAL DAMAGES, TO THE EXTENT THAT SUCH THIRD PARTY CLAIMS ARE NOT PROHIBITED BY APPLICABLE LAW. You agree that your obligation to indemnify the Code Truck Entities shall be broadly construed. You agree that Code Truck reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Code Truck. Code Truck will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You agree that the terms of the Agreements that require an indemnity from you and limit liability constitute essential terms of the Agreements.
Except where prohibited by applicable law, you agree to and acknowledge the following:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE ACCOUNT, THE COLLABORATION WORKFLOW AND/OR THE SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THEM IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU;
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ACCOUNT, THE COLLABORATION WORKFLOW AND/OR THE SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE ACCOUNT, THE COLLABORATION WORKFLOW AND/OR THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS;
THE CODE TRUCK ENTITIES DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE ACCOUNT, THE COLLABORATION WORKFLOW AND/OR THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE ACCOUNT, THE COLLABORATION WORKFLOW AND/OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE ACCOUNT, THE COLLABORATION WORKFLOW AND/OR THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE ACCOUNT, THE COLLABORATION WORKFLOW AND/OR THE SOFTWARE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE ACCOUNT, THE COLLABORATION WORKFLOW AND/OR THE SOFTWARE WILL BE CORRECTED, OR THAT THE ACCOUNT, THE COLLABORATION WORKFLOW AND/OR THE SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION AND/OR USE OF THE ACCOUNT, THE COLLABORATION WORKFLOW AND/OR THE SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES;
YOU FURTHER ACKNOWLEDGE THAT THE ACCOUNT, THE COLLABORATION WORKFLOW AND/OR THE SOFTWARE ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE ACCOUNT, THE ACCOUNT, THE COLLABORATION WORKFLOW AND/OR THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE; AND
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE CODE TRUCK ENTITIES OR ONE OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY, THUS, SHOULD THE ACCOUNT, THE COLLABORATION WORKFLOW AND/OR THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, you are solely responsible for determining and verifying that the Account and/or the Software is appropriate for your model of smart phone, wireless device, tablet, laptop, graphics controller board, operating system, and computer hardware. To find out more about your rights, you should contact a local consumer advice organization or qualified legal counsel.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE CODE TRUCK ENTITIES BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE THE ACCOUNT, THE COLLABORATION WORKFLOW AND/OR THE SOFTWARE OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THEM, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE CODE TRUCK ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO SOME OR ALL OF THIS THIS LIMITATION MAY NOT APPLY TO YOU. You agree that in no event shall the Code Truck Entities’ total liability to you for all damages exceed the amount that you paid to the Code Truck Entities in connection with the Account or the Software for the four (4) month period prior to the first occurrence of the facts or circumstances which would have provided an objectively reasonable person with notice of the existence of, or the basis for, your claim and dispute. If you have multiple related claims, you agree that they shall be treated as one single claim for purposes of determining when the claims arose. If you obtained the Account and/or the Software at no charge, you agree that in no event shall the Code Truck Entities’ total liability to you for all damages exceed the amount of one dollar (US $1.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You acknowledge and agree that if you believe that you have a claim against the Code Truck Entities arising from a dispute with the Code Truck Entities, you will first make a reasonable attempt to resolve the claim and dispute informally by contacting us at support@codetruck.net. You agree that if you do not contact us to informally resolve such a claim and dispute with us within forty five (45) days of the first occurrence of the facts or circumstances which would have provided an objectively reasonable person with notice of the existence of, or the basis for, your claim and dispute, you and your Children, agents, heirs and assigns forever and irrevocably release and hold the Code Truck Entities harmless from any and all claims and causes of action that relate to or arise from the facts and circumstances giving rise to your claim and from the dispute. If you have multiple related claims, you agree that they shall be treated as one single claim for purposes of determining when the claims arose. You and Code Truck both agree to respond to each other reasonably promptly during the period of informal claim and dispute resolution. In the event that you and Code Truck are unable to resolve your claim and dispute after attempting to do so informally for ninety (90) days, you agree:
1) THAT YOUR CLAIM AND DISPUTE SHALL BE SUBJECT TO ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION WITH EACH PARTY TO BEAR THEIR OWN COSTS AND ATTORNEYS’ FEES, WITH THE ARBITRATION TO TAKE PLACE IN THE CITY OF NEW YORK, AND THAT NEITHER YOU NOR WE SHALL HAVE THE RIGHT TO SEEK PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES IN THE ARBITRATION; and
2) THAT YOU HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, OR TO SEEK JURY REVIEW AT A TRIAL, OF YOUR CLAIM OR THE DISPUTE.
You agree that in the event that such a claim and dispute has become subject to arbitration pursuant to this paragraph but are not in fact submitted for arbitration within forty five (45) days of having become subject to arbitration, you and your Children, agents, heirs and assigns forever and irrevocably release and hold the Code Truck Entities harmless from any and all claims and causes of action that relate to or arise from the facts and circumstances giving rise to your claim and from the dispute. You acknowledge and agree that the Code Truck Entities may seek to enforce their rights and remedies for any claims or causes of action against you relating to the Account and/or the Software in any court of competent jurisdiction and that such claims and causes of action are not subject to arbitration. No failure to exercise, no delay in exercising, and no single or partial exercising of, any right or power under the Agreements shall constitute or operate as a waiver thereof or preclude any further exercise of any right or power under the Agreements.
The Agreements constitute the entire agreement between you and us relating to the Account and/or the Software and supersede all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of the Agreements that is specific to you will be binding unless in writing and signed by one of our authorized representatives. Any translation of the Agreements is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version shall govern, to the extent not prohibited by local law in your jurisdiction.
You agree that any breach of the Agreements by you would cause irreparable injury to us, for which monetary damages would not be an adequate remedy, and that we are entitled to seek equitable remedies including without limitation injunctive relief, without bond, upon your breach of the Agreements and that such equitable remedies will not limit, but rather will be in addition to and not in lieu of, any other remedies that are available to Code Truck under applicable law.
After the Agreements become effective between you and us, they shall remain in effect until they are terminated. You agree and acknowledge that we have the right to transfer, convey and/or assign all or part of our rights in our Property to a third party at any time without notice to you. You agree and acknowledge that we have the right to discontinue providing any or all services relating to the Account and/or the Software at any time without notice to you. If we discontinue your paid Subscription Version of our Software and you are not in breach of your obligations under the Agreements, Code Truck will refund the actually paid and prorated amount of the unused portion of your subscription fee. You have the right to terminate the Agreements by notifying us at any time at admin@codetruck.net. You acknowledge and agree that any duties or obligations that you incurred under the Agreements while they were binding on you shall survive the termination of the Agreements as they relate to you until such obligations are fully and completely discharged by you. You agree and acknowledge that we have the right to terminate the Agreements at any time without notice to you. Termination of the Agreements shall not affect or limit any of our rights at law or in equity that arose while the Agreements were in effect with respect to you.
We have established rules for the Software that are designed to achieve fairness and enjoyment for all users (the “Code of Conduct”). All users must comply with these rules. By setting out the following rules, we do not mean them to be all-inclusive. We will determine whether any particular conduct that comes to our attention falls outside the spirit of the Software and may take any disciplinary action at our sole discretion at any time without notice up to and including suspension or termination of the user’s use of the Software and/or Account as those terms are defined in this EULA. Code Truck may make changes to this Code of Conduct at our sole discretion at any time without notice. Please periodically check our website at codetruck.net for any updates to this Code of Conduct.
In order to collaborate with others, our Software may ask you to choose a username that will become your in Software name. Your username must not contain your actual name or any information from which you could be personally identified. Because other users may see your username, you must comply with the following rules. If we find your username to be suggestive of anything that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, bigoted, sexist or otherwise objectionable or inappropriate or to be something that displays intolerance, bigotry or discrimination based on race, religion, color, creed, gender, nationality, ethnicity, sexual preference, sexual orientation, are otherwise hateful or offensive or identifies or suggests the identity of a public figure, we may take any disciplinary action at our sole discretion at any time without notice to you up to and including suspension or termination of use of the Account and/or Software. Users must abide by the following non-exhaustive list of rules concerning usernames below. You are prohibited from using any username that:
Communicating in Software or on our websites with other users and with our representatives, whether by text, voice or any other method, is an integral part of the Software. If we find your communications to be suggestive of anything that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, bigoted, sexist or otherwise objectionable or inappropriate or to be something that displays intolerance, bigotry or discrimination based on race, religion, color, creed, gender, nationality, ethnicity, sexual preference, sexual orientation, are otherwise hateful or offensive or identifies or suggests the identity of a public figure, we may take any disciplinary action at our sole discretion at any time without notice to you up to and including suspension or termination of use of the Software and/or Account. Users must abide by the following non-exhaustive list of rules concerning their communications below. When engaging in such communications, you may not:
Prohibited acts during collaboration include without limitation the following: